Hyattsville, MD Workers' Compensation Appeals Attorney
Skilled Attorney Assisting With Appeals and Hearings in Workers' Comp Claims in Hyattsville, Maryland
Workers who are injured can receive workers' compensation benefits that will cover their medical expenses, address their lost income, and provide for other needs. However, workers' comp claims may be delayed, disputed, or outright denied by employers or their insurers. This can put injured employees in a difficult position as they deal with injuries and determine how they will pay their ongoing expenses.
A denial of a worker's compensation claim does not have to be the end of the road. Injured employees have the right to challenge unfavorable decisions through the workers' compensation appeals process. At Kisner Law, Attorney Jason Kisner helps workers appeal denied claims or refusals to provide the proper benefits. He advocates aggressively on behalf of his clients to ensure they will receive the full benefits the law provides.
Why Workers' Compensation Claims May Be Denied
There are many reasons a workers' compensation claim may be denied by an employer or their insurance carrier. Common issues include:
- Disputes over whether the injury was work-related
- Lack of sufficient medical documentation connecting the injury to a workplace accident or the work that a person performed
- Allegations that the worker was under the influence of drugs or alcohol at the time of the incident
- Claims that the worker was not performing their job duties when the injury occurred
- Disagreements about the severity of the injury and the necessary medical treatment
Even when benefits are initially awarded, disputes may arise over how much compensation a person will receive, the extent of a disability, or the amount of time that benefits should be paid. When any of these issues affect a worker's right to receive benefits, an appeal may be necessary.
Understanding the Maryland Workers' Compensation Appeals Process
The workers' compensation appeals process in Maryland can provide injured workers with the opportunity to resolve disputes and receive the benefits they need. The process typically involves the following steps:
1. Request a Hearing Before the Workers' Compensation Commission
If a claim is denied, underpaid, or disputed, the first step is to file a request for a hearing with the Maryland Workers' Compensation Commission (WCC). The request must include a detailed explanation of the dispute, as well as any supporting documentation related to the incident, the treatment a person received, or their ability to return to work.
A Commissioner will be assigned to the case, and a hearing will be scheduled. The injured worker and the employer or insurer will have the opportunity to present evidence, including testimony and medical records.
2. Attend the Workers' Compensation Hearing
At the hearing, the Commissioner will review the facts of the case, listen to witness testimony, and evaluate evidence. Attorney Jason Kisner can make sure clients are fully prepared for these hearings. He will present a clear, persuasive case that supports a worker's right to receive benefits.
Key evidence reviewed in a hearing may include accident reports, treatment records, witness statements, and expert medical opinions. The Commissioner will issue a written decision after the hearing, and they may choose to affirm the denial or award benefits to the worker.
3. Appeal the Commissioner's Decision
If the outcome of the hearing is unfavorable, the worker may appeal the Commissioner's decision to the Circuit Court in the county where the injury occurred. A Notice of Appeal must be filed within 30 days of the Commission's decision.
During the appeal, the case may be reviewed based on the existing record, or both sides may be able to introduce new evidence and call witnesses. If necessary, further appeals can be made to higher courts.
How Kisner Law Assists With Workers' Compensation Appeals
Determining how to proceed with an appeal of a denied workers' compensation claim can be difficult, especially for a person who is in the midst of recovering from an injury. Attorney Kisner can provide experienced and dedicated representation for workers at every stage of the appeals process. He will review the reason for the denial or dispute, collect supporting evidence, and argue on behalf of an injured worker during hearings or Circuit Court proceedings.
Attorney Kisner has a deep understanding of how insurance companies operate due to his prior experience representing large corporations. He uses these insights to fight on behalf of injured workers, standing up to bullying tactics or unfair denials and ensuring that they will have the financial resources they need.
Contact Our Hyattsville, MD Workers' Compensation Appeals Attorney
If your workers' compensation claim has been denied, or if your employer or their insurer has refused to provide you with the full benefits you deserve, Kisner Law can help you determine how to proceed. We will make sure you meet the deadlines to file and appeal, and we will advocate on your behalf to help you secure the proper benefits. Contact our office at 240-459-0097 to schedule a free consultation and begin the appeals process.
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